Chapter 7 dismissal question

[rockobuster]

I was wondering if anyone has filed chapter 7 and had their case dismissed PRIOR to the 341 meeting? I was just wondering if the courts think you do not qualify that you would be dismissed before attending your 341 meeting?

[HHM]

Its extremely rare to have your case dismissed before the 341 Meeting. The only reasons it ever happens is if your petition is missing required schedules, or you are what they call a seriel filer (meaning you keep filing petitions after a dismissal).

[rockobuster]

What they dismiss if you show disposable income of $300 or more prior to your 341 meeting?

[HHM]

Then what are you doing filing a Chapter 7 and showing $300 in disposable income.

Probably not, usually what happens is the US Trustee (which is different than the chapter 7 trustee) will show up to your 341.

Its possible that you will get a Motion to Dismiss (or convert) before the 341, but its rare to have any hearing before the 341 meeting.

[rockobuster]

When we filed out attorney said we had $200 disposable income and recommended we do a chapter 7. We did not think we had a chance but hoped he knew what he was doing. We had our 341 on 5/13 and our dismissal is 7/12. The Trustee at our 341 meeting told our attorney he is not accepting several expenses and would recommend our disposable income at $900. Our attorney said he would talk to the US Trustee about this.

So far we have not heard anything. Our attorney says it is in the US Trustees hands now, but I don't see (even if our disposable income stays at $200) how we will be able to stay in a chapter 13 after what I have heard and read from other people.

The only thing I can think of is our non-secured credit cards are $120,000 and there are no secured assets that were are not reaffirming, and maybe our attorney does not think we would be able to pay back enough over 3 - 5 years?

[brokemama]

hey everyone, just got out discharge in the mail yesterday, discharged as of June 7th (took 10 days to finally get here, go figure, oh, well. Happy days are here again. thanks for all the info here. the support and info was life saving.